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HomeMy Public PortalAboutPRR 16-2383Renee Basel From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Saturday, November 5, 2016 11:38 AM To: Bill Thrasher; Rita Taylor; Renee Basel;jrandolph@jonesfoster.com Subject: Public Record Request - O'Boyle Settlement Demand Attachments: Scott Morgan Letter to the Editor 11-2-16.docx Dear Custodian of Records, request to inspect certain public records' in the custody of the Town of Gulf Stream" As background to this request 1 call your attention to the recent letter by Mayor Scott Morgan to the Coastal Star. I have attached a copy of the online publication of this letter for your reference. I request to inspect the public record of the settlement demand made outside of any confidential mediation or confidential settlement discussion or executive session of the Town Commission that Mayor Scott Morgan references when he disclosed to the readers of the Coastal Star newspaper and online website that, "O'Boyle's settlement demand, however, was so outrageously high that the Town concluded it was in its best financial interest to go to trial and let a judge determine reasonable fees." While I am not statutorily obligated to explain why I want to inspect these records, I tell you it is for the purpose of informing myself of the historic and current workings of the Town of Gulf Stream and its associated entities, vendors, consultants, advisers, contractors and agents. The records I wish to inspect may also be material to current, anticipated or presently unforeseen legal action. In addition, inspection of these records may be essential to my ability to make informed comments in an upcoming public hearing. The production of any and all responsive records is therefore urgent and must be acted upon in compliance with Florida Statutes and established case law as soon as possible. Before making this public record request, I first searched online and in the public records portion of your agency's website hoping I could locate the public records I seek without having to write you directly. Unfortunately I cannot find the records I wish to inspect. Therefore I am writing you now and requesting you make every effort as required by law to produce these public records without delay. I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes. I ask that you take the following action: • Read this entire request carefully and respond accordingly. • If you are not the custodian of the public records described herein please determine who that person is and notify me immediately in order that I may make this request to the appropriate person without delay. • Reference Florida Statutes and appropriate case law when responding to this record request. • Do NOT produce any records other than records responsive to this request. • Identify by name the person or persons responding to this request if that person is not the Custodian of Records for your agency as required by 119.07(1)(b). • Respond to this public record request in a singular manner and do not combine this request with any other public record requests when responding to this request. • Once you have determined that you do or don't have any records in your custody responsive to this request, immediately act to obtain any responsive records that may be in the custody of your contractor(s) or other parties. • Provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. • If records responsive to this request are not presently available but you expect that they will soon be available I request that you produce the records as soon as they are available. I ask you to take note of §119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual and entity in possession of records that may be responsive to this public records request, including individuals and entities under contract with your agency, to preserve and produce all responsive records on an immediate basis. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by §119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes. Produce for my inspection all responsive records and ONLY redact that portion of the record that you consider exempt. To be clear, if you consider an entire record to be exempt, produce that record in its entirety with all portions redacted that you consider exempt. I specifically ask you to do this in order that I may inspect fully redacted records for the purpose of challenging a particular redaction or establishing a reference for a future request of a record that is only temporarily exempt, as in the case of a public record that was prepared by an agency attorney exclusively for litigation and is only exempt from disclosure until the conclusion of the litigation. If the public records being sought are maintained by your agency or contactors for your agency, in an electronic format please produce the records in the original electronic format in which they were created or received. See §119.01(2)(f), Florida Statutes. Again I ask that you provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. Take note of §119.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist, the production for inspection of which will require extensive use of information technologies or extensive staff time or both in excess of 15 minutes, then please provide those records that can be produced within the first 15 minutes and advise me of the cost you anticipate to be incurred by your agency for the remaining records prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining my written authorization to proceed. If you produce only a portion of all existing responsive records, please tell me that your response includes only a portion of all existing records responsive to this request. If you anticipate the need to incur any costs that I would be statutorily required to pay in order to inspect these public records which would exceed $1.00 please notify me in advance of your incurring that cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. Again, please do not incur any costs on my behalf without first obtaining my written authorization to proceed. A record that does not exist because of its disposition requires the creation of a disposition record. In all instances where you determine a record does not exist please determine if the record once existed and in its replacement provide the disposition record for my inspection. *The term public records, as used herein, has the same meaning and scope as the definition of Public records adopted by the Florida Legislature as Statutes Chapter 119. **The phrase Town of Gulf Stream when used herein refers to the Town in its entirety and all entities of the Town including all employees, appointees, officials, assignees, counsel and consultants including Town Manager, Town Clerk, Town Police Chief, Town Commissioners, Town Mayor, Town Departments, Town Police Officers, Town Employees, Town Staff Attorney, Town Engineer, the law firm (Jones Foster Johnston & Stubbs P.A.) that claims to be the Town Attorney including all attorney, partner and employee members of that firm; the Town Counsel of Sweetapple, Broeker & Varkus including all attorney, partner and employee members of that firm, the Town Counsel of Richman Greer, P.A. including all attorney, partner and employee members of that firm and any other entity associated with the Town and subject to public records law. 3 If you do not understand any part of this request or if you need clarification about this request, notify me as soon as possible so I may further describe or clarify this request. Due to issues of delivery failure and occasional rejection by your server this email is being sent to multiple recipients to insure prompt delivery. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream@gmail.com T�Coasta� AWN • CLASSIFIEDS • CDNI'Acr US • EyENrs • MY PAGE • NEws • PHOTOS • VIDEOS YOUR COMMUNITY • All Discussions • My Discussions • Add e tt' o.wX Letter to the Editor: Gulf Stream confident it's on the right track • Posted by Mary Kate Leming on November 2, 2016 at 1:47pm in Island Talk • View Discussions In 2014 and early 2015, the town of Gulf Stream found itself under assault from Martin O'Boyle and Christopher O'Hare, two residents who overwhelmed the town with thousands of public records requests and dozens of lawsuits. Town Hall became virtually unable to serve Gulf Stream residents. To defend against this ongoing public records abuse, Gulf Stream brought in legal staff to create a policy to respond to records requests. In addition, Gulf Stream learned through its RICO investigation about other Florida abuses committed by the O'Boyle Law Firm and a related O'Boyle company called Citizens Awareness Foundation, which it added to the town's defenses in the public records lawsuits. Since Gulf Stream took these actions, public records requests have dropped from 80 -plus per day down to several a week. In addition, there has not been another public records lawsuit against Gulf Stream in over a year and a half. Of the old lawsuits, Gulf Stream won or forced the dismissal of four of them, and won verdicts or forced the dismissal of six additional non-public records lawsuits. I cannot overstate how the volume of lawsuits and records requests back in 2013 and 2014 overwhelmed our small staff. The clerks regularly worked nights and weekends; they put off other town responsibilities; they hunted through old file cabinets and closed land -use folders trying to respond to requests pouring in almost daily; they called commissioners, board members, past employees and active and retired police to identify documents and their possible locations. But, the quantity of these requests was simply not manageable, and some documents were inadvertently missed. At no time did staff refuse the legitimacy of O'Boyle's or O'Hare's requests or try to prevent them from receiving documents. For example, one such request required production of "All photos of people riding bicycles on N. Ocean Blvd. in the town's public record." Since town records go back to its founding in 1925, this request necessitated a needle -in -the -haystack search, and for which we were still sued over a "gotcha" photograph. A case currently being litigated involves some inadvertently missed documents. Despite a good - faith effort to locate all requested records, missing records constitute a technical violation of the public records law, so the town offered to settle the case. O'Boyle's settlement demand, however, was so outrageously high that the town concluded it was in its best financial interest to go to trial and let a judge determine reasonable fees. That case was tried recently and there will be a hearing on fees in the near future. The town is confident that under Florida law, the court will award fees up to the performance of the records request and not beyond. This is why the town elected to try this case, as it will any other case where it appears that O'Boyle built up large attorneys' fees. Gulf Stream will continue to defend the remaining O'Boyle and O'Hare lawsuits until our two litigious residents drop the meritless cases and negotiate reasonable settlements in good faith on the others. Scott W. Morgan Mayor, Gulf Stream TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 7, 2016 Chris O'Hare [mail to: chrisoharegulfstream(dgmail.coml Re: GS #2383 (O'Boyle Settlement Demand) I request to inspect the public record of the settlement demand made outside of any confidential mediation or confidential settlement discussion or executive session of the Town Commission that Mayor Scott Morgan references when he disclosed to the readers of the Coastal Star newspaper and online website that, "O'Boyle's settlement demand, however, was so outrageously high that the Town concluded it was in its best financial interest to go to trial and let a judge determine reasonablefees." Dear Chris O'Hare [mail to: chrisoharegulfstream(7a amail.coml: The Town of Gulf Stream has received your public records requests dated November 5, 2016. The original public records request can be found at the following link: http://www2.gulf-stream.org/weblink/O/doc/103449/Pagel.aspx Please be advised that the Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an estimated cost to respond. Sincerely, R44 -d ROWA41 D As requested by Rita Taylor Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail November 9, 2016 Chris O'Hare [mail to: chrisoharegulfstream(oDgmail.coml Re: GS #2383 (O'Boyle Settlement Demand) I request to inspect the public retard of the settlement demand made outside of any confidential mediation or confidential settlement discussion or executive session of the Town Commission that Mayor Scott Morgan references when he disclosed to the readers of the Coastal Star newspaper and online website that, "O'Boyle's settlement demand, however, was so outrageously high that the Town concluded it was in its best financial interest to go to trial and let a judge determine reasonable fees. " Dear Chris O'Hare [mail to: chrisoharegulfstream(a),gmail.coml: The Town of Gulf Stream has received your public records request dated November 5, 2016. The original public records requests can be found at the following links: htty://www2.gulf-stream.org/weblink/O/doc/i 03449/Pagel .asox Pursuant to the public records laws, the duty of the Town of Gulf Stream is to provide access to or copies of public records at a reasonable time in reasonable conditions. The Town of Gulf Stream is not required to give out information from these records nor give information about these records. Please be advised that there are no such records. We consider this request closed. Sincerely, Rztled Raw" .9"d As requested by Rita Taylor Town Clerk, Custodian of the Records Renee Basel From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Wednesday, November 9, 2016 6:05 PM To: Renee Basel; Bill Thrasher, Rita Taylor Subject: Fwd: GS #2383 (O'Boyle Settlement Demand) Attachments: GS #2383 (O'Boyle Settlement Demand)-production.nsr.pdf Dear Custodian of Records, I am writing you regarding your recent response to my record request which you have labeled as GS #2383 (O'Boyle Settlement Demand). You write in part: The Town of Gulf Stream is not required to give out information from these records nor give information about these records. I am confused by this response. I did not ask you to give me any information from these records; nor did I ask you to give me any information about these records. I simply described the records I requested to inspect. Specifically I ask to inspect: the public record of the settlement demand made outside of any confidential mediation or confidential settlement discussion or executive session of the Town Commission that Mayor Scott Morgan references when he disclosed to the readers of the Coastal Star newspaper and online website that, "O'Boyle's settlement demand, however, was so outrageously high that the Town concluded it was in its best financial interest to go to trial and let a judge determine reasonable fees. " You further write: Please be advised that there are no such records. We consider this request closed. Respectfully, I tell you that simply can't be. Are you absolutely sure there is no responsive record outside of any confidential mediation or confidential settlement discussion or executive session of the Town Commission? Could you please check again. Sincerely, Chris O'Hare ---------- Forwarded message ---------- From: Renee Basel <RBasel(cgulf-stream.org> Date: Wed, Nov 9, 2016 at 3:58 PM Subject: GS #2383 (O'Boyle Settlement Demand) To: Chris O'Hare <chrisoharegulfstream(agmail.com>